Resolution 2010-54
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RESOLUTION 2010-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A REVISED CONFLICT OF
INTEREST CODE FOR THE COMMUNITY
DEVELOPMENT AGENCY OF THE CITY OF GILROY
PURSUANT TO ITS BIENNIAL REVIEW
WHEREAS, the Political Reform Act ("Act"), Government Code Section 81000
et seq., requires state and local agencies to adopt and promulgate conflict of interest
codes, and the Community Development Agency ("Agency") is an agency subject to this
statute; and
WHEREAS, the Board of Directors of the Community Development Agency has
reviewed the Conflict of Interest Code for the Community Development Agency
pursuant to the Act as required biennially and has found the need for update to said Code
as attached here as "Exhibit A"; and
WHEREAS, the City Council of the City of Gilroy as Code Review Body for the
Community Development Agency and is required to review and approve said Code
updates; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Gilroy does hereby adopt the attached Agency Code that has been adopted by the Agency
on October 4,2010 by Agency Resolution No. 2010-01.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 4th day of October, 2010 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO,
DILLON, GARTMAN, TUCKER, WOODWARD and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
RESOLUTION 2010-54
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ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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Exhibit A
Conflict of Interest Code for the Community Development
Agency of the City of Gilroy
PART I
The Political Reform Act, Government Code Sections 81000, et. seq., requires state
and local government agencies to adopt and promulgate Conflict of Interest Codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Admin. Code
Section 18730, which contains the terms of a standard Conflict ofInterest Code ("the
Standard Code"), which can be incorporated by reference, and which may be amended by
the Fair Political Practices Commission to conform to amendments in the Political
Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Admin. Code
Section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference, and along with Parts I - III hereof
constitute the Conflict of Interest Code of the Community Development Agency of the
City of Gilroy (the "Agency").
PART II below sets forth the disclosure requirements for the various designated
employees (as defined in Government Code Section 82019) of the Agency; and PART III
states in full applicable Health and Safety Code sections.
In order to avoid duplication of submission of disclosure statements, this Conflict of
Interest Code for the Agency makes use, to the maximum extent possible consistent with
the Political Reform Act, of the disclosure requirements provided under the City of
Gilroy Conflict of Interest Code adopted on June 2, 1980 by City Council Resolution No.
80-50, as it now exists and may be amended from time to time (the "City Code").
PART II
Following are the disclosure requirements for the designated employees of the Agency
listed below:
A. Agency Board Members
The City Council has designated itself to serve as the Agency Board. The City
Council is subject to the disclosure requirements of Government Code Sections 87200-
87210. Consequently, the disclosure requirements for Agency Board Members shall be
those requirements set forth in Government Code Sections 87200-87210, and Agency
Board Members shall file statements of economic interests as provided for in
Government Code Sections 87200-87210.
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B. Agency Staff
The Agency staff, including the Executive Director, Secretary, Treasurer, and
all other positions, consists of staff of various offices and departments of the City of
Gilroy (the "City"). Such City staff positions are subject to the disclosure requirements of
the City Code. Consequently, the disclosure requirements for Agency staff shall be those
requirements set forth in the City Code for the relevant City staff positions, and Agency
staff shall file statements of economic interests as provided for in the City Code for the
relevant City staff positions.
C. Project Area Committee Members
All members of a Project Area Committee ("PAC") established pursuant to
Health and Safety Code Section 33385 must report:
(1) All interests in real property within the PAC's project area. Members who
hold a 10% or greater interest in any business entity or trust which
owns real property
within the project area must report such real property interests, provided
his/her pro
rata share of such interests exceeds $1,000. This requirement applies
regardless of
where the business entity is located or doing business. A PAC member is
not
required to disclose property used as the PAC member's principal residence.
(2) Investments in business entities and income from sources which:
(i) Engage in, or it is foreseeable that in the future will engage in, land
development, construction, maintenance, or the acquisition, sale or
leasing of
real property in the project are or which,
(ii) Are located in or own property in the project area for which the PAC
IS
formed.
(3) Investments in business entities and income from sources which, within the
past
two years, has contracted, or in the future foreseeably may contract with the
Agency
or with the City to provide services, supplies, materials, machinery or
equipment to
the Agency or in connection with the Agency's activities.
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(4) His or her status as a director, officer, partner, trustee, employee or holder of
any
position of management in any business entity described in Paragraphs (2)
and (3)
above.
An investment, interest in real property, income, or "position of management" is
reportable if the business entity in which the investment is held, the interest in real
property, the income or source of income, or position of management may foreseeably be
affected materially by any decision made or participated in by the PAC member by virtue
of the PAC member's position.
PAC members shall file statements of economic interests with the Agency filing
officer.
PART III
Health and Safety Code Section 33130
33130
(a) No agency or community officer or employee who in the course of his or her duties is
required to participate in the formulation of, or to approve plans or policies for, the
redevelopment of a project area shall acquire any interest in any property included within
a project area within the community. If any such officer or employee owns or has any
direct or indirect financial interest in property included within a project area, that officer
or employee shall immediately make a written disclosure of that financial interest to the
agency and the legislative body and the disclosure shall be entered on the minutes of the
agency and the
legislative body. Failure to make the disclosure required by this subdivision constitutes
misconduct in office.
(b) Subdivision (a) does not prohibit any agency or community officer or employee from
acquiring an interest in property within the project area for the purpose of participating as
an owner or reentering into business pursuant to this part if that officer or employee has
owned a substantially equal interest as that being acquired for the three years
immediately preceding the selection of the project area.
(c) A rental agreement or lease of property which meets all of the following conditions is
not an interest in property for purposes of subdivision (a):
(1) The rental or lease agreement contains terms that are substantially equivalent to
the terms
of a rental or lease agreement available to any member of the general public for
comparable property in the project area.
(2) The rental or lease agreement includes a provision which prohibits any subletting,
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sublease, or other assignment at a rate in excess of the rate in the original rental or
lease
agreement.
(3) The property which is subject to the rental or lease agreement is used in the
pursuit of the
principal business, occupation, or profession of the officer or employee.
(4) The agency or community officer or employee who obtains the rental or lease
agreement
immediately makes a written disclosure of that fact to the agency and the
legislative
body.
33130.5.
Notwithstanding any other provisions oflaw, an officer, employee, consultant, or agent
of the agency or community, for personal residential use, may purchase or lease property
within a
project area after the agency has certified that the improvements to be constructed or the
work to be done on the property to be purchased or leased have been completed, or has
certified that no improvements need to be constructed or that no work needs to be done
on the
property. Any such officer or employee who purchases or leases such property shall
immediately make a written disclosure to the agency and the legislative body, which
disclosure shall be entered on the minutes of the agency. Any such officer or employee
shall thereafter
be disqualified from voting on any matters directly affecting such a purchase, lease, or
residency. Failure to so disclose constitutes misconduct in office.
33393.
An agency shall not acquire from any of its members or officers any property or interest
in property except through eminent domain proceedings.
RESOLUTION 2010-54
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-54 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regu1ar meeting of said Council
held on the 4th day of October, 2010, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 11th day of October, 2010.
(Seal)